C1PART VIII Appeals from Solemn Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)

113AF1Judge's observations in expedited appeal

1

On receiving a note of appeal given under section 110(1)(e), the judge who presided at the trial may give the Clerk of Justiciary any written observations that the judge thinks fit on—

a

the case generally,

b

the grounds contained in the note of appeal.

2

The High Court may hear and determine the appeal without any such written observations.

3

If written observations are given under subsection (1), the Clerk of Justiciary must give a copy of them to—

a

the accused or the accused's solicitor, and

b

the prosecutor.

4

The written observations of the judge are available only to—

a

the High Court,

b

the parties, and

c

any other person or classes of person prescribed by Act of Adjournal, in accordance with any conditions prescribed by Act of Adjournal.